Letter from 1st Credit help please

cortana

Hi There,

Ok recieved another letter today from first credit refering to this thread http://forums.moneysavingexpert.com/showthread.html?p=18300421&posted=1#post18300421

I sent them a letter back say that they had not sent me a full agreement and that the signatures are questionable, well here is the letter I got in reply to that today and would be grateful of your advice.

This is the leter,

Our records show you spoke with your officers on the 14th of december 2008 and at that time you were offering an instalment plan as you were unable to pay the outstanding balance in full and were advised that your offer was not considered reasonable. I am now suprised to find that you are claiming no knowledge of this debt.
This was not the case they have never contacted us and we have never spoke to the, we did have a phone call that day but they said they were Halifax and not 1st credit .

For data protection purposes we sent you an edited copy of the agreement with the understanding that if you confirm to us that it is your signature on the document, a complete copy will be sent to you. I note your comment that the signatures on the agreement are questionable and would ask that you clarify this statement.

We are fully aware that the CCA 1974 does not require you to supply us with a copy of your signature prior to us sending you the agreement but as you are questioning the signatures and stating that you do not acknowledge the debt, we are not prepared to send you the full agreement. Are you now claiming fraud and if so we would ask that you report the matter to the police to obtain a crime reference or incident number and provide us with same?

Please substantiate your allegation that we have been sending you documentation of an extensive sensitive private nature.

We look forward to hearing from you failing which we shall have no alternative than to consider our options which may include requesting our client's fraud department to contact you directly.

from Audrey Shim-Quee


Any help with the above would be grateful its making me feel very ill all this.

Thanks

RAS

Shim Quee again - look up debtman2007's thread for info on her.

You are not claiming no knowledge of the debt, you are claiming the documentation is faulty.

Completely different.

Nargleblast

Aren't you the lucky one - you couldn't ask for a nicer creditor than this one
(says she tongue very much in cheek). Does Audrey Shim hyphen Quee state her position in the company? I have not had personal dealings with them but know of their reputation and I am sure others will come along and put this into perspective for you. Are you a client of a debt counselling company? Suggest you run this letter past them, I am sure it will cause some amusement. I am not in any way trying to trivialise your situation, it is indeed upsetting when you get nasty letters and phone calls but it really helps to take a deep breath, stand back and read it a few times then get advice. From what I have heard these people are masters of intimidation and bullying, and at the end of the day you cannot pay what you have not got. You are not alone in this, everyone who has been in debt will be on your side and offering support.

RAS

You say in the previous post that you do not think that the signature on the CCa is yours?

You must know if you took out a debt of this value with HBOS in December 2004?

Are you saying this is not your debt or that you want to know if the CCa is enforceable?

Livto_2

1st Credit have no legal powers or authority whatsoever & are entitled to nothing other than a "get lost" message :rolleyes:

pepe2008

It appears that the lovely Audrey ( Shim Quee ) has been replaced/assisted by a Mr Mike Hawker.
He, however, does not seem to have a full grasp of the Terms of The Consumer Credit Act and is also under the inpression that the Collections Staff are there to 'advise' 'encourage'etc and that they would NEVER EVER do anything outside the OFT Guidelines.

cortana

Hi Ras,

I am not disputing the fact that this is my debt just that the edited cca they sent me all signatures are questionable and look nothing like mine.

I wanted a full CCA which they will not send, I have been paying halifax for a very long time and then I get this from 1st credit without any warning from Halifax (and have never missed a payment with halifax) so I sent a CCA because I need to know who I am paying to.

Also the way they have treated me with threats and vebal abuse I would really like to know if the agreement is enforceable.

Any advice grately appreciated.

Thanks

RAS

Ok

So we ignore the signature situation and concentrate on the issue of the CCA and prescribed terms?

cortana

Hi ras,

thanks for your reply, in the original thread I have listed the agreement they sent me in pictures to see, do you think this is enforceable?

And also these are the only papers they have sent me only an edit version not full, so where do I stand on this?

Any advice grately appreciated.

Thanks

RAS

Did they send the terms and conditions with it?

cortana

Hi Ras,

No, no terms and conditions we with it just those pages attached, would this make it unenforceable?

look forward to your reply

Thanks